Product Defect Cases We Handle in New Mexico

We handle most types of product liability cases. A defective product doesn't have to be a car or a tire to cause a serious injury. If a product harmed you or a family member in New Mexico, it's worth having the case reviewed, no matter what kind of product it was.

Some of the product defect cases we handle include:

• Dangerous drugs and medical devices that caused injury or illness instead of treating it
• Tabletop fire pits that exploded or shot flames unexpectedly
• Exploding batteries in electric vehicles, phones, e-bikes, vapes, and other rechargeable devices
• Truck accidents in New Mexico caused by defective commercial tires, brakes, or other truck parts
• Defective industrial or job site equipment that caused workplace injuries in New Mexico
• ATV and UTV rollovers, and other off-road and all-terrain vehicle defects
• Auto defects, including SUV rollovers, roofs that crush on impact, defective seatbelts, defective airbags, and tire failures in New Mexico
• Defective car seats and other children's products, including toys, cribs, and strollers
• Household and electronic products that caused fires, burns, or electrical shock
• Contaminated food for people or pets

The U.S. Consumer Product Safety Commission regularly recalls products it finds to be unsafe. New Mexico consumers can be affected by any recalled product just like anyone else in the country, so a recall is often a good place to start if you're not sure whether a product defect caused your injury.

When a defective product causes a death instead of an injury, surviving family members may have grounds for a wrongful death claim in New Mexico.

Establishing a Product Liability Case in New Mexico

New Mexico law allows an injured consumer to recover from a manufacturer, distributor, or seller when a product creates an unreasonable risk of injury, without having to prove the manufacturer was careless. The question is whether the product itself created an unreasonable risk of injury when used the way it was meant to be used, a standard that New Mexico's civil jury instructions apply directly.

Building a product liability case starts with the product itself. That means examining how it was designed and manufactured, and whether there's a record of similar failures in other units of the same product. Attorneys typically work with engineers or other qualified experts to determine whether the product met federal or industry standards, and whether a design or manufacturing flaw caused the failure.

A New Mexico product liability case generally requires proof of the following:

• The defect and what it caused. A claim requires evidence connecting the defect to the injury, not just the fact that the product failed. This usually means a forensic examination of the product to determine whether the defect caused it to fail during ordinary use.
• The legal theory that applies. A product case can rest on strict liability, negligence, or both. Strict liability focuses on whether the product itself created an unreasonable risk of injury. Negligence focuses on whether the manufacturer failed to use reasonable care in designing, building, or testing the product.

Identifying who is responsible, whether that's the manufacturer, a component supplier, a distributor, or a retailer, and what evidence supports the claim are both part of the same investigation.

Product Liability Legal Theories in New Mexico

A product liability claim in New Mexico can rest on one or more of three legal theories, depending on what happened and what evidence is available.

• Strict liability asks whether the product itself created an unreasonable risk of injury, not whether the manufacturer was careless. This is the theory discussed above, and it's the one most product defect cases rely on.
• Negligence asks a different question: did the manufacturer or seller fail to use reasonable care? This can include ignoring a known safety problem, cutting corners on testing, or failing to fix a design after learning it was dangerous. A negligence claim requires proof that this failure to use reasonable care caused the defect, and that the defect caused the injury.
• Breach of warranty is based on the assurances that came with the product, whether a specific claim made in advertising or the basic assumption that a product is safe for its ordinary use. This matters in New Mexico for a practical reason: a personal injury claim generally must be filed within three years, but a claim based on breach of warranty can be governed by the four-year period under New Mexico's Uniform Commercial Code instead, depending on how the claim is framed. Because the deadline can shift depending on the legal theory, it's worth having a case reviewed early rather than assuming a single filing deadline applies.

These theories aren't mutually exclusive. A single case can raise more than one, and the strongest cases often do.

Investigating a Product Liability Case in New Mexico

Every product defect case starts with the product itself. We work with engineers, safety professionals, and product designers to determine what failed and why. That typically means collecting the product and its components for examination, along with the design records, test results, and manufacturing documentation behind it.

Part of that investigation includes reviewing maintenance records, recall history, and complaints filed with regulators such as the Consumer Product Safety Commission, the Food and Drug Administration, and the National Highway Traffic Safety Administration. If other units of the same product have failed the same way, that's a strong sign the defect isn't isolated to the one that hurt you.

Forensic examination, testing, and engineering analysis show how the defect led to the injury. Combined with the case file and witness accounts, that technical work becomes the evidence on which a New Mexico product liability case is built.

The goal of the investigation is to identify everyone responsible, whether that's the designer, the manufacturer, a component supplier, or a distributor, so the right parties are held accountable.

Contact Our New Mexico Product Liability Attorneys Today

If you or a loved one was hurt by a defective product, we can help you understand what happened and what options you have. We'll look at the product, the injury, and the parties involved to figure out who may be responsible and what evidence needs to be preserved before it's lost or discarded.

We handle product liability cases on a contingency fee basis, so there's no attorney fee unless we recover compensation for you. Contact The Ammons Law Firm today at 281-801-5617 to talk about your case.

Serving Injured Clients in New Mexico

Were you injured by a defective product? Our New Mexico personal injury attorneys are here to help. We serve clients throughout New Mexico and across the nation. Contact us today to discuss your legal options and protect your rights.